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प्रश्न
Principle: Copyright law protects only work. 'Work' means cinematographic film but does not include performance by an actor in a cinematographic film.
Facts: Alia Bhatt acted in a movie.
पर्याय
The acting of Alia Bhatt can be protected as film producer's work.
The acting of Alia Bhatt can be protected under copyright law as professional work.
The acting of Alia Bhatt cannot be protected under copyright law.
The acting of Alia Bhatt can be protected under copyright law only as an artistic work.
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उत्तर
The acting of Alia Bhatt can be protected under copyright law as professional work.
Explanation:
The reasonable conclusion is drawn that the acting of Alia Bhatt is protected under copyright law. The copyright shall subsist until sixty years from the beginning of the calendar year next following the year in which the film is published.
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संबंधित प्रश्न
"No action lies against the Government for injury done to an individual in the course of exercise of its sovereign functions". All of the following actions are covered by the above provision, except
The principle is to be applied to the given facts and to choose the most appropriate option:
Principle: There are legal provisions to give authority to a person to use necessary force against an assailant or wrongdoer for the purpose of protecting one’s own body and property as also another’s body and property when immediate aid from the state machinery is not readily available; and in so doing he is not answerable in law for his deeds.
Facts: X, a rich man was taking his morning walk. Due to the threat of robbers in the locality, he was carrying his pistol also. In the opposite direction, another person was coming with a ferocious-looking dog. All of a sudden, the dog which was on a chain held by the owner, started barking at X. The owner of the dog called the dog to be calm. Th ey crossed each other without any problem. But suddenly, the dog started barking again from a distance. X immediately took out his pistol. By seeing the pistol the dog stopped barking and started walking with the owner. However, X shot at the dog which died instantly. The owner of the dog files a complaint against X, which in due course reached the Magistrate Court. X pleads the right of private defense. Decide
Consists of legal proposition(s)/ principle(s) (hereinafter referred to as 'principle') and facts. Such principles may or may not be true in the real and legal sense, yet you have to conclusively assume them to be true for the purposes of this Section. In other words, in answering these questions, you must not rely on any principle except the principles that are given herein below for every question.
Further, you must not assume any facts other than those stated in the question. The objective of this section is to test your interest in the study of law, research aptitude, and problem-solving ability, even if the 'most reasonable conclusion' arrived at may be absurd or unacceptable for any other reason. It is not the objective of this section to test your knowledge of the law.
Therefore, to answer a question, the principle is to be applied to the given facts and to choose the most appropriate option.
Principle: When a person makes such a statement that lowers another person's reputation in the estimation of other persons, it is liable for committing defamation.
Facts: 'A' writes a letter to 'B' in which he uses abusive language against 'B' and also states that 'B' is a dishonest person. 'A' put the letter in a sealed envelope and delivered it to 'B'.
Mark the best option:
In a lawsuit, an action in personam is directed towards –
If a person is enjoying the benefits of a lawful no gratuitous act of another, then he/she:
What main element differentiates the crime of battery from the tort of battery?
Apply the legal principles to the facts given below and select the most appropriate answer.
Legal Principles:
- The Tort of Negligence is a legal wrong that is suffered by someone at the hands of another who fails to take proper care to avoid what a reasonable person would regard as a foreseeable risk.
- The test of liability requires that the harm must be a reasonably foreseeable result of the defendant's conduct, a relationship of proximity must exist and it must be fair, just and reasonable to impose liability.
- The claimant must prove that harm would not have occurred 'but for' the negligence of the defendant. The claimant must prove, on the balance of probabilities, that the defendant's breach of duty caused the harm.
Factual Situation: A 13-year-old boy fell from a tree. He went to a hospital where his hip was examined, but an incorrect diagnosis was made. After 5 days it was found that he was suffering from avascular necrosis. This was more advanced and serious than if it had been spotted straight away. Despite receiving treatment, it was determined that he had suffered from a muscular condition (avascular necrosis) which left the boy with a permanent disability and further left a strong probability that he would develop severe osteoarthritis later in life. The expert medical testimony indicated that had his fractured hip been identified on his initial hospital visit, there was a 25% chance of his condition having been successfully treated. He is claiming compensation for the negligence of the hospital. Whether the hospital's negligence on his initial visit had caused his injury?
Given below is a statement of legal principle followed by a factual situation. Apply the principle to the facts given below and select the most appropriate answer.
Principle: Vicarious liability is the liability of the Master or Principal for the tort committed by his servant or agent, provided the tort is committed in the course of employment. The Master or Principal is not liable for private wrongs of the servant/agent.
Facts: 'X' hands over some cash money at his house to 'Y', who is his (X's) neighbour and is also cashier in a bank, to be deposited in A's account in the bank. Instead of depositing the money, 'Y' misappropriates it.
Which of the following statements depicts the correct legal position in this given situation?
Given below is a statement of legal principle followed by a factual situation. Apply the principle to the facts given below and select the most appropriate answer.
Principle: Negligence is a breach of duty or a failure of one party to exercise the standard of care required by law, resulting in damage to the party to whom the duty was owed. A plaintiff can take civil action against the respondent if the respondent's negligence causes the plaintiff injury or loss of property.
Facts: 'D' went to a cafe and ordered and paid for a tin/can of soft drink. The tin was opaque and therefore, the contents could not be seen from outside. She ('D') consumed some of the contents and then lifted the tin to pour the remainder of the content into a tumbler. The remains of a snail in the decomposed state dropped out of the tin into the tumbler. 'D' later complained of stomach pain and her doctor diagnosed her as having gastroenteritis and being in a state of severe shock. She used the manufacturer of the drink for negligence. Applying the afore-stated principle, which of the following derivations is correct as regards the liability of the manufacturer in the given situation?
Assertion (A): All minorities, whether based on religion or language, shall have the right to establish or administer educational institutions of their choice.
Reason (R): Institutions established by the minorities are not entitled to governmental aid and government is not under an obligation to give aid.
